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Here's What We're Tracking This Month to Keep You in the Know:

  • Not Well Appointed: Preventive Care Mandate Still in Effect, but Challenges Remain
  • Model Abortion-Related HIPAA Attestation Released
  • No More Stopping at Chevron: Courts Will Review Agency Regulations More Closely
  • Not Disclosing Medical Necessity Criteria Led to Over $32,000 in Penalties 

 

Not Well Appointed: Preventive Care Mandate Still in Effect, but Challenges Remain
On June 21, 2024, the United States Court of Appeals for the Fifth Circuit ruled in Braidwood Management v. Becerra that employers sponsoring non-grandfathered health plans must cover all ACA preventive mandates recommended by the USPSTF unless they are plaintiffs in the case.

> Learn More


Model Abortion-Related HIPAA Attestation Released

The Department of Health and Human Services (HHS) has released a model attestation for covered entities and business associates regarding requests for protected health information (PHI) related to reproductive health care, which employers and their business associates should review and prepare to implement.

> Learn More


No More Stopping at Chevron: Courts Will Review Agency Regulations More Closely

At the end of its most recent term, the U.S. Supreme Court ruled in Loper Bright Enterprises v. Raimondo that Chevron deference no longer applies to certain agency interpretations of statutes, meaning many employee benefits regulations will now face greater scrutiny by Federal Courts.

> Learn More


Not Disclosing Medical Necessity Criteria Led to Over $32,000 in Penalties

In recent litigation under the Mental Health Parity and Addiction Equity Act (“MHPAEA”), a Montana district court awarded $32,340 in ERISA document penalties to a dependent covered under the plan. These penalties were imposed because the third-party administrator (“TPA”) of a self-funded health plan failed to provide certain MHPAEA-related plan documents upon request.

> Learn More

Don't Forget These Deadlines


July 31

Deadline for Filing Form 720 and Payment of ACA PCORI Fee for prior Plan Year. The Fee must be paid by health insurance carriers and plan sponsors of self-insured health plans (including HRAs). 


July 31

File Form 5500 for Prior Plan Year (or File Form 5558 to Request 2 ½ Month Extension).  ERISA welfare plans with fewer than 100 participants as of the first day of the plan year are excused from filing if claims are insured, paid from general assets (i.e. unfunded), or a combination of both. Potentially applies to all types of plans, including health FSAs, severance pay plans, EAPs and some voluntary coverage. 


September 30

For calendar year plans, distribute Summary Annual Reports (SARs) to participants, COBRA beneficiaries and alternate recipients under QMCSOs within 9 months after close of the plan year or two months after the plan's extended 5500 deadline. SAR requirement does not apply to plans that pay benefits exclusively from the employer's general assets (i.e. no trust, no insurance contract, participant contributions are made through a Section 125 plan, etc.).


*For deadlines based on the timing of your plan year, contact your HUB account manager or refer to the HUB Compliance Calendar.

Fiduciary Resources to Help you Master Your Retirement Plan


HUB’s Mastering Your Retirement Plan quarterly video series offers you the latest resources for staying compliant with your retirement plan fiduciary responsibilities. Our latest installment, Doing Well While Doing Good, uncovers the importance of understanding legal requirements and following best practices.


> Watch the Video

 

Contributing authors to In Compliance:

Carrie Cherveny, Chief Compliance Officer, Southeast Region

Russell Denver, Compliance Attorney, New England

Dennis Fiszer, Chief Compliance Officer, Northeast Region

Dawn Smith, Compliance Analyst, South Region

Kasi McLaughlin, Compliance Analyst, West Region

Cory Jorbin, Chief Compliance Officer, West Region

Liliana Salazar, Chief Compliance Officer, Pacific Region.

Sonya Gordon, Compliance Manager, Pacific Region

Darcie Turner, Compliance Analyst, Pacific Region

Kevin Brady, Chief Compliance Consultant, Central Region

Shelly Hodges-Konys, Director, Compliance Group Benefits, HUB Heartland
Andrea Poindexter, Employee Benefits Compliance Analyst, South Region

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This information is provided for general information purposes only. It does not constitute professional advice and does not create a broker-client relationship. Please consult a HUB advisor about your specific needs before taking any action.


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